Sistema do tratado da Antártica: aspectos geopolíticos e econômicos decorrentes de uma crescente internacionalização do Continente Antártico e seus reflexos para o Brasil e para a MB

Abstract

The year when the adoption of the Antarctic Treaty celebrates its 50 th anniversary, it can be said that the so-called Antarctic Treaty Sys tem (ATS), composed by the Treaty itself and its subordinated regimes, that rules the relationsh ip between the International Community and the Southern Continent, has been able to accommodat e the aspirations of the States on a rational and peaceful way. As a regime conceived from the jo int efforts of Nations whose interests in the region convey the most variable nuances, including those that claim territorial demands and those that propose free access to the continent, th e Treaty was signed in 1959 and ratified in 1961, being established the possibility of revision at any time provided unanimous agreement of the Consultative Parties or, after thirty years fro m the date of entry into force, by agreement of the majority of the Contracting Parties, thus, from 1991 on. That same year, the Protocol for Environmental Protection (Protocol of Madrid) was s igned and ratified in 1998, which prohibits for indefinite period of time all activit ies relating to Antarctic mineral resources, except for scientific research. It also establishes that this prohibition cannot be amended by less than unanimous agreement for at least 50 years following entry into force of the Protocol. However, it is established that during that period of time, the Protocol may be reviewed at any time provided unanimous agreement of the Consultati ve Parties. Considering that the current antarctic agenda has its focus on environmental pro tection that has been the binding element of all signatory countries of the ATS since the ver y first deals, this paper aimed to carry out the analysis of the current status of the System, i ncluding the role that Brazil and the Brazilian Navy play within this context. Due to the environm ental protection focus, this paper analyzed the increasing demand of non-renewable natural reso urces, including several minerals believed to be found in Antarctica, such as copper and potable water itself, present in the ice, and others. It also analyzes other issues that ha ve been raising some questions driven by environmental concerns, such as tourism, biologic p rospection and meteorological monitoring, keeping always present the theme that m ay come to have the potential to boost the revision of the ATS, i.e. the exploration of na tural resources. The required information was collected through bibl iographic and documental research that includes electronic sources at the internet (indire ct techniques) and also the use of direct techniques, attending lectures of authorities on th e subject and carrying out interviews personally with experts on the theme or via email w ith authorities located in other cities in Brazil or abroad. As we witness the success of the regime, this paper carries out a, and identifies which geopolitical and economic factors present at the current world scenario can be powerful enough to boost any Party of the Treaty to submit a revision.